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Terms & Conditions

Douglas County Art Encounters 2021-2022

OFFICIAL RULES AND REQUIREMENTS

PLEASE READ CAREFULLY. ARTISTS MUST ABIDE BY ALL RULES AND REQUIREMENTS IN ORDER TO BE CONSIDERED FOR THIS PROGRAM.

ELIGIBILITY

Art Encounters is open to artists and/or artist teams over 18 years of age.
All work must be the result of an independent and/or team effort that is original in concept and not the product of instructional guidance.
Any sculpture that is a replica must include the edition and/or conventional description, as well as the serial number for that entry.
Any sculpture submitted that is a replica or duplicate must include the other locations where this piece is available. Duplicate sculptures within a 60-mile radius of Douglas County will not be accepted.
Art that is accepted into the Art Encounters program that has a duplicate may not be submitted to another program within a 60-mile radius of Douglas County within the same program year.
Any variety of materials may be incorporated, but the project in its entirety must require minimal to no maintenance.
Sculptures must be able to withstand the intense sun, snow, wind and temperature extremes and weather fluctuations common in Colorado.
Sculptures must be safe for public interaction of all ages as this is an outdoor public art program.
By submitting artwork, the artist agrees that their work may end up in any of the participating jurisdictions – Castle Rock, Highlands Ranch, Lone Tree (Library), Parker and Roxborough (each a “Jurisdiction” and collectively, the “Jurisdictions”).

APPLICATION

Artists may submit up to three existing, completed sculptures. Regardless of the number of sculptures, you plan to submit, only one application is needed.
Artists must submit one to three images from different perspectives per sculpture. That means up to nine images total if submitting three sculptures. Image size must meet requirements identified on ArtCall.org. The base should be visible in at least one of the images.
All entries must be accompanied by a description of the installation process, specific to each sculpture submitted. If an artist does not specify equipment needed for installation in their application and that equipment is needed, it will be at the expense of the artist to make any necessary arrangements for the equipment to ensure proper installation. Pedestals, ground mounts, and ready-mix will be supplied for each selected entry based on the requirements submitted in their entry.
The Public Art Advisory Committee reserves the right to reject any applications that do not meet eligibility requirements and/or are incomplete.
Once an application is submitted it is the artist’s responsibility to contact Kim Smith immediately at 303-660-7347 or at ksmith@douglas.co.us if their work is no longer available.

IF SELECTED

If selected, the artwork that is submitted on the application must be the same as the artwork that is delivered for installation in size, color, edition, etc. The Jurisdiction retains the right to reject works differing materially from the work depicted in the digital image submitted.
The artist is responsible for delivering their work for installation, including coordinating with the Jurisdiction and for all costs incurred. All selected works must be delivered to the site designated by the Jurisdiction on the date and time selected that the artist and Jurisdiction agreed to. The artist and Jurisdiction will also select an agreed upon pickup time and date for the piece at the end of the program year.
If an artist’s work is selected for the Art Encounters program and it is no longer available, the Jurisdiction that selected the piece may, in its sole discretion, choose to negotiate with the artist to have another one of their pieces on display. The Jurisdiction may also choose, in its sole discretion, to select another applicant’s work.
Artists must inform Jurisdictions on how to maintain the piece, including cleaning products and methods. Each Jurisdiction is responsible for maintaining the piece throughout the exhibition and performs regular evaluations and maintenance of the installed piece.
All work must be for sale and remain the same price throughout the show as submitted on the entry form. All work must remain on display throughout the indicated time frame of the show.

COMPENSATION

All artists whose sculptures are selected will receive a stipend of $800, payable after completion of the installation process.
At the end of the program year, each Jurisdiction has the first right to purchase a sculpture for a permanent display, if they so choose. It is up to the individual Jurisdiction and artist to determine payment.
Artist information will be provided so works have the chance to be purchased by an individual or business, subject to the Jurisdiction’s right of first refusal, but the work must remain on display throughout the program year.
The artist of each installed sculpture has the opportunity to win two awards:
- People’s Choice Award – The public votes on a piece through the Art Encounters website for a specified duration. The artist with the most votes at the end wins $1,000.
- Judge’s Choice Award – A judge will review each sculpture that is part of the program and select, in its sole discretion, a winner. The judge will provide a brief narrative regarding why they selected the piece as the winner and the artist will win $1,000.

MARKETING AND PROMOTION

This program is promoted throughout Douglas County and surrounding areas.
The Jurisdiction reserves the right to reproduce and distribute artwork images through print and electronic media for promotion of the exhibit. This includes images submitted through the application process, as well as photos taken of the piece throughout the exhibition program year.
A plaque is installed along with each sculpture that includes the title of the piece, the artist’s name, and the sale price. This information is also included in an Art Encounters brochure, which is distributed throughout the county, and on websites.
The copyright for the work is retained by the artist.

INSURANCE AND INSTALLATION

Sculptures are covered by insurance, paid for by the Jurisdiction, based on the amount specified in the artist’s contract with the Jurisdiction.
The artist is responsible for getting the artwork to the Jurisdiction location and providing written installation instructions.
The Jurisdiction is responsible for the installation costs at the location site.
Artists must work closely with the Jurisdiction until installation is complete and provide cleaning maintenance instructions. The artist may sign off on installation once complete.

CONTRACT

Artists will work directly with the Jurisdiction that selected the sculpture regarding the contract and installation. The information below is the basic information included in the contract. Additional information specific to the Jurisdiction may also be included. Contracts must be signed prior to installation, which takes place in mid- to late-May for the upcoming program year.

1. CREATION AND TITLE.

The Artist hereby warrants that the Artist created and possesses unencumbered title to the works of art listed and described on the attached Schedule of Artworks (“the Schedule”) and has the right to loan these works for purposes of exhibition.

2. DURATION OF LOAN, MANNER OF EXHIBITION AND FEE.

The Artist hereby agrees to loan to the Jurisdiction the works listed on the Schedule for the time period commencing on or about May ___, 2021, and concluding on or about May ___, 2022. The Jurisdiction agrees to exhibit these works for no less than 300 days during this time period as part of the exhibition titled: Art Encounters. These works will be exhibited with the works of other artists. Upon installation of the work, the Jurisdiction signing of this Agreement, the Jurisdiction shall pay the Artist a stipend of $800 for the right to exhibit the work. The Jurisdiction shall receive a 15 percent commission if the sculpture is sold while on display.

3. DELIVERY, CONDITION AND CARE.

The Artist shall be responsible for arranging to have the works listed on the Schedule (must be the same sculpture, size, medium, color, dimensions, etc., as submitted on their application) shipped from the Artist’s studio to the Jurisdiction by the following method of transport: _______. The Artist must provide the Jurisdiction with information regarding requirements, equipment and tools necessary for installation. All equipment and tools include: _________.

The Artist shall deliver piece to the specific site location on a date agreed upon by both parties. All costs of delivery (including transportation and insurance) shall be paid by the Artist.

The Jurisdiction agrees to transmit a written report to the Artist within five working days of the delivery of the work, specifying the condition of the work and whether the work appears in any way in need of repair. Further, the Jurisdiction agrees to use the same standard of care for the work as it uses for comparable works in its own collection. The Jurisdiction agrees to return the work in the same condition as received, subject to the provisions of Paragraph 4. The Jurisdiction shall return the work by the date specified in Paragraph 2 for the conclusion of the loan and the Artist shall make arrangements to get the work back to their studio. The Artist shall pay for the costs of delivery (including transportation and insurance) of the work.

4. LOSS OF DAMAGE AND INSURANCE.

The Jurisdiction shall be responsible for loss of or damage to the work from the time that the Artist has signed off on the installed artwork through the time that the work is removed from the installation site (therefore, the Jurisdiction is not responsible for any damages incurred to the artwork on the way back to the Artist’s home, studio, or other destination). The Jurisdiction shall insure each work for the benefit of the Artist for the full value listed on the Schedule. This insurance shall be pursuant to a policy providing wall-to-wall all-risks coverage maintained in force by the Jurisdiction. The Jurisdiction shall provide a Certificate of Insurance for the work if the Artist so requests.

5. USE OF WORK.

The Jurisdiction hereby agrees that the loan of the work under this Agreement is solely for purposes of exhibition, and promotion of the exhibition, and that no other uses shall be made of the work, such other uses including but not being limited to commercial exploitation, broadcasts, or other reproduction.

6. INSTALLATION, CLEANING, REPAIRS.

The Artist agrees to work in cooperation with the Jurisdiction for proper installation. The Jurisdiction agrees not to remove any work from its frame or other mounting or in any way alter the framing or mounting after the Artist signs off on the installation. In the event framing, mounting, or special installation is required for the display of any work, it shall be described on the Schedule and paid for by the Jurisdiction. The Jurisdiction is responsible for maintaining the artwork during the program year.

7. COPYRIGHT AND REPRODUCTION.

The Artist reserves all reproduction rights, including the right to claim statutory copyright, on all works listed on the Schedule. The Jurisdiction may use the work for promotional materials of the exhibition, such as photos for brochures, website use, etc. The Artist must submit two high resolution (300 dpi or higher) photographs of the artwork from different angles for this use. All materials that include the artwork will also list the copyright notice: © (Artist’s Name and Year).

8. COLLECTION OF THE ARTIST.

When displayed, each work shall be accompanied by a label or plaque identifying the work as part of the Art Encounters Program including the Title of the artwork, the Artist’s Name and the year the work was created.

9. TERMINATION OF RIGHT TO EXHIBIT.

The right to exhibit pursuant to this Agreement shall terminate as of the date specified in Paragraph 2. In the event of the failure of the Jurisdiction to exhibit the work or in the event of an exhibition or other act in violation of the terms of this Agreement (with a one-week grace period from the date specified in Paragraph 2), the Artist shall have the right to terminate the right to exhibit under this Agreement by written notice to the Jurisdiction. In the event of termination of the right to exhibit pursuant to this Paragraph 9, the works shall be returned forthwith to the Artist pursuant to the provisions of Paragraph 4.

10. NON-ASSIGNABILITY.

Neither party hereto shall have the right to assign this Agreement without the prior written consent of the other party. The Artist shall, however, retain the right to assign monies due to him or her under the terms of this Agreement.

11. HEIRS AND ASSIGNS.

This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives and references to the Artist and the Jurisdiction shall include their heirs, successors, assigns, and personal representatives.

12. INTEGRATION.

This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties.

13. WAIVERS.

A waiver of any breach of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.

14. GOVERNING LAW.

This Agreement shall be governed by the laws of the State of Colorado.

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